Key Provisions of Occupant Restraint Laws by State

Select the State from the list below to see key provisions of that states seat belt law.

1. The word “All” used in this category means everyone must be restrained. For children, that may be in a child restraint.

2. May include rear-facing child restraint seats, forward-facing child restraint seats, and booster seats.

3. Emergency vehicle and bus exemptions generally do not apply to the operator.

4. First violation, 1 point; second or subsequent violation, 2 points.

5. Two points for child restraint violation.

6. Arkansas reduces the fine for the primary violation by $10.

7. Court may substitute traffic safety school for fine with regard to first offense. Fine for second and subsequent offenses is $50.

8. One point for child restraint violation; operators are liable for children <16 years old not wearing seat belt or in proper child safety restraint.

9. Primary enforcement for child safety restraints.

10. Less than 1 year old and <20 lb in rear-facing restraint system; 1-3 years and 20-39 lb in forward-facing child safety seat; 4-5 years and <55 inches in booster seat.

11. If a driver under 18 commits a violation, he/she is subject to a $75 fine

12. The fine is $15 if the child is 4-16 years old and 40 pounds or more; a mandatory child restraint education program is also required for the first or second violation.

13. For child restraint violation, the driver may opt to take a child restraint safety class for $25 in lieu of the $75 base fine. In either case, and for seat belt violation, 2 points are assessed on the driver’s record.

14. Children 3 years and younger must be secured in a federally approved child restraint seat; children 4 and 5 years must be secured by either a federally approved child restraint seat or seat belt; points are assessed.

15. If a minor violates the seat belt law, the driver may be fined $25.

16. For children at least 40 lb, the child restraint requirement is satisfied if they are restrained in the rear seat by a seat belt; the seat belt may be a lap belt if 3-point belts are unavailable or already being used by other children >40 lb.

17. One point assessed against the driver’s record; 2 points for subsequent offense.

18. In addition to the $45 fine, the driver must pay a surcharge of $10 for the neurotrauma special fund.

19. Children 4-7 are exempted if >57 inches or >40 lb and traveling in a motor vehicle equipped only with lap belts, without shoulder straps, in the back seat.

20. First-time violators are required to attend a child passenger restraint system seat class not to exceed 4 hours in length, pay a driver education safety assessment fee of $50, and pay a $10 surcharge into the neurotrauma fund.

21. This is an infraction punishable by a fine not exceeding $100. The typical total fine is $60, including all add-on costs.

22. A child >40 lb may be restrained by a lap seat belt if: (1) the motor vehicle is not equipped with lap and shoulder seat belts; or (2) not including the operator’s seat and the front passenger seat, all the lap and shoulder seat belts are being used properly to restrain other children under 16. A child under 8 may be exempt if the child cannot reasonably fit in a child safety restraint.

23. Four points assessed on driving record.

24. Younger than 1 year and <20 lb in rear-facing child seat; children over 3 but under 6 years old may be secured in a child restraint, seat belt, or seat harness.

25. First offenders who prove purchase or acquisition of a child restraint system shall not be convicted.

26. If the number of children subject to these requirements exceeds the number of passenger-securing locations available for use by children and all of the securing locations are in use by children, the requirement is waived for the additional children.

27. $10 plus court costs are waived if offender purchases or obtains an appropriate child restraint.

28. Age <1 year or <20 lb in rear-facing child seat; 1-3 years or 20-39 lb in forward-facing child seat; 4-5 years or 40-60 lb in booster seat.

29. Operator may be fined an additional $25 if allowing anyone >12 and <16 years old to ride unrestrained.

30. $10 for child <4 years; $50 for child 4-8 years and <57 inches tall.

31. New Mexico also assesses points for violations.

32. New York assesses points only when the violation involves a child under 16 years old.

33. North Dakota assesses 1 point for child restraint violations.

34. Fine is $30 for a driver violating the law, $20 for a passenger.

35. Children >40 lb may be belted in the rear seat by a lap belt if the vehicle is not equipped with lap and shoulder belts, or when the lap and shoulder belts are being used by other children.

36. Child restraint fine is $15 with proof of possession of a child safety seat.

37. Seat belt law may not be enforced by checkpoints designed for that purpose.

38. Seat belt law does not apply to an occupant if all belts in the vehicle are used by other occupants.

39. Up to $150 fine, but it may be waived with acquisition of child restraint.

40. Drivers 18 years or older who choose not to contest the citation pay a $10 fine by mail ($20 for drivers 16-17 years old).

41. Reduced to $15 upon completion of class.

42. $124 to driver if passenger under 16 years old; $124 to passenger if over 16 years old.

43. If motorist is wearing a seat belt when stopped for another violation, the fine for that violation is reduced by $10. Passengers violating the seat belt requirements are subject to a fine of $10. Source: NHTSA, Regional Office. Updated as of December 1, 2008.